Court Rejects Claim to Criminal's Pension

Feb. 19, 2013 11:13 p.m. ET

ALBANY—A midlevel court ruling that New York crime victims can claim their attackers' pensions was thrown out Tuesday by the state's highest court on a technicality.

The Court of Appeals said it must wait for another case to determine if New York's "Son of Sam Law" trumps the retirement statute shielding pensions, noting that it is an important question. "Meanwhile, nothing prevents the Legislature from amending one of both statutes to make its intention clear," the five judges wrote.

The "Son of Sam Law," amended in 2001, was designed to prevent criminals from profiting from their crimes. The retirement law says a pension or retirement allowance "shall not be subject to execution, garnishment, attachment, or any other process whatsoever."

The court said the state's lawyers failed to bring the argument that the law trumped the Retirement and Social Security Law.

Tuesday's ruling reversed the midlevel Appellate Division ruling last year to freeze Steven Raucci's pension in his prison account, sending the case back for further consideration. Mr. Raucci, a former Schenectady school district facilities director convicted of arson and possessing explosives, was sentenced to 23 years to life in prison for what prosecutors called a yearslong campaign of intimidation against people he considered enemies, including co-workers.

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